If you must go to court to see whether you are going to arbitrate your dispute, you have lost at least part of a key advantage of arbitration: saving time and money by avoiding court. The thing that is mostly likely to put you in court is a poor arbitration clause. Today we focus on … Continue reading Mediate then Arbitrate? Well, then maybe neither.
A recent case demonstrates how you can lose key advantages provided by arbitration when it isn’t clear who is to decide whether claims are arbitrable. Let’s see what lessons we can draw from the case, Glacier Park Iron Ore Properties, LLC, v. United States Steel Corporation, No. A19-1923 (Minn. June 30, 2021). The advantages of … Continue reading Arbitrate or Go to Court? Who Decides?
An advantage of commercial arbitration is that it is private. The dispute is resolved in a private proceeding. Unlike court, the public is not allowed in. Arbitrators must keep secrets Under the rules of most arbitral organizations and under ethics rules for arbitrators, the arbitrator must keep things confidential. E.g., AAA Comm’l Rule 25 (“The … Continue reading Commercial Arbitrations: Private, But Not Always Secret
Please join us for the ABA’s Arbitration Training Institute – online! The faculty will be covering virtually all aspects of arbitration from the preliminary hearing, to the hearing, the award, and beyond – including online arbitration. Who Should Attend? ■Litigators wanting to better utilize arbitration ■Experienced and new arbitrators seeking better understanding of recent developments … Continue reading ABA’s 14th Annual Arbitration Training Institute: June, 2021
On February 22, the ABA House of Delegates passed Resolution 100 in support of arbitration of business-to-business (“b-to-b”) disputes. This is an important recognition by the American Bar Association of the benefits and importance of arbitration to resolve these disputes. It reads: RESOLVED, that the American Bar Association supports the use of arbitration of business-to-business … Continue reading ABA House of Delegates Passes Resolution in Support of Commercial Arbitration
Here is the latest from the Silicon Valley Arbitration and Mediation Center. I am delighted to be included on the list again this year. SVAMC Releases 2021 List of the World’s Leading Technology Neutrals The Silicon Valley Arbitration & Mediation Center (SVAMC), has released its highly anticipated 2021 List of the World’s Leading Technology Neutrals … Continue reading SVAMC 2021 Tech List
I generally post articles here with some regularity. During the holiday season, though, I thought I’d take a break and just point you to a book I wrote dealing with arbitration issues. It’s the equivalent to at least 22 articles and is, in fact, based on a series of articles I wrote for this blog … Continue reading Arbitrating Patent Disputes: A Practical Guide
Humor often helps make stressful situations bearable. And arbitration hearings can be stressful. I’ve seen many arbitrators use humor to defuse tension and just make life a little more enjoyable for everyone involved. I’ve even tried it myself. Sometimes it works. Sometimes it doesn’t. But sometimes the joke isn’t taken the right way. Or … Continue reading The Case of the Impartial Joke
Rarely do arbitration issues remind me of a Beatles song, but today’s issue does. Remember I’m Looking Through You from Rubber Soul? Well, whether a court will do that or not may change where you decide to enforce or challenge an arbitration award. Which court? As I explained in my book, Arbitrating Patent Disputes, A … Continue reading I’m Looking Through You — Or Not: Federal Jurisdiction to Enforce Arbitration Awards
The ABA GPSOLO Magazine just published a recap of an article Harrie Samaras and I wrote for the ABA IP Section Magazine, Landslide. Click above to download and read it. I hope you find it of interest!